Civil Appeals Procedures in New Jersey

You are allowed to file an appeal if you think New Jersey Court has judged your civil case without legal considerations. The process is lengthy and intricate, and the assistance of an experienced appeals lawyer is crucial.

An appeal does not automatically make you eligible for another trial. The purpose of the appeal is to examine the minutes of the trial conducted earlier to see if anything was done unlawfully.

Cases in Which there is no Right to Appeal

If your case was decided by an arbitrator or referee (essentially, outside the court), and the jurisdiction to the arbitrator was conferred through mutual agreement between the parties, the case becomes ineligible for appeal.
If you don’t file a notice of appeal within 30 days of the original decision (20 days, in some cases), you lose your right to appeal
The appeal procedure is extremely time-sensitive. You must move quickly in order to get your case reconsidered by the court.

Filing the Appeal – The Process

Here’s the step-by-step process you need to follow in order to file your case for appeal. Consult an appeals lawyer to get assistance through these steps. Federal Appeals may have different rules.

1. The appeal needs to be filed within 30 days of the judgment.
2. You’ll need to submit an undertaking in the form of a bond or a certified check in order to halt the enforcement of the judgment.
3. Alternatively, you can acquire a stay order from the Appellate Term of the Supreme Court in order to halt the enforcement of the judgment.
4. Fill in the “Notice of Appeal” form and create two copies from it. Get one copy served to the opposing party by a process server (someone over the age of 18 and not involved with your case). The second copy will serve as your record for the appeal. The original document is to be filed with the court.
5. Pay the court fees for your appeal and notify the court clerks.
6. In addition to this, you’ll need to apply for the transcript of the minutes of the trial. If a Court Reporter was present during your trial, you’ll need to contact him/her for the transcript. The Court Reporter is legally allowed to charge a fee against the transcript.
7. In case the Court Reporter was not present during your trial, you’ll need to get the audio of your trial transcribed by authorized parties. You’ll need to submit a written request with the court clerk in order to obtain the original transcription of your case.
8. Read through the transcript, address any problems with the content and file your objections/amendments with the opposing party within 15 days of receiving the document.
9. Original copies of all communication between the two parties need to be filed with the court in addition to the Notice of Appeal. If you wish to provide additional supporting documents, you can do so by consulting the court clerk.
10.Once the final decision has been made by the court, it will be mailed to all involved parties on their stated addresses.

Why Do You Need Immigration Lawyer New Jersey?

Are you a foreigner planning to settle down in the United States and become its citizen?

Then you must find an immigration lawyer in New Jerseyto advise you on what needs to be done. For an immigrant to settle down in any country it is vital for them to know all the legal nuances related to immigration. An immigration lawyer is the best person to give you advice and guide you in the right way for doing everything correctly. Your immigration lawyer will be your legal representative that will help you in settle down in a country.

Finding out an immigration lawyer to help you out is not at all a difficult process. The internet is the best source for you to find out the best and the most capable immigration lawyer in New Jersey. The internet is a storehouse of information and it is all up to you to make use of the information in the best possible way.

You can search for immigration lawyers from a lawyer directory. Also you can find a good immigration lawyer in New Jersey by talking to people who have already used the services of the lawyer. Make sure you hire the services of the best immigration lawyer in New Jersey.

There are many issues that need to be taken care of when you want to immigrate to United States.  Some of the issues that need to be taken care of are legal rights of immigrants, duties of immigrants and obligations if there are any for immigrants. The work of the immigration lawyer is to basically make their clients naturalized citizen of the United States. It is the duty of the lawyers to make sure that their clients are fully aware and have complete knowledge about what they are supposed to do, what they are not supposed to do and what rights they have in the country as immigrants residing there.

It is not an absolute necessity to hire the services of lawyer, but it always better to hire lawyer’s services so you can have a clear picture about your rights and duties. Also a lawyer will be able to tell you exactly what legal rights you have and what things you need to do. Basically the lawyer will be able to help you out with everything legally related to the issue of immigration. It is always better to have a good knowledge about all the legal aspects related to immigration.

Immigration laws keep changing and are complicated. So it becomes all the more important for immigrants to seek the services of an immigration lawyer. Immigration lawyers keep updating themselves constantly about all the changes that are being made in the immigration law in the United States.

The immigration lawyer will ensure that you are never caught unaware about anything related to your immigration to the United States.
If you are serious about settling down in United States and becoming a naturalized citizen, you will feel secured and comfortable due to the presence of an immigration lawyer. You will be able to know and deal with any legal obstacles with the help of your immigration lawyer. If you encounter any legal problem that lengthens the process of immigration, your lawyer will always there to help you out of the situation.

How does Italian family law work?

Italian family law has seen many reforms in recent decades. For example, law permits abortion since 1978 but, from the other side, same-sex marriages are still forbidden.

Among the principles expressed in the Italian Constitution of 1948, the Article 31 says that:

“The Republic assists, through economic measures and other provisions, in the formation of the family and the fulfillment of its duties, with particular regard for large families.

It protects maternity, infancy and youth, promoting the institutions necessary for such purposes.”

Moreover, in the article 29 we can find that:

“The Republic recognizes the rights of the family as a natural society founded on matrimony. Matrimony is based on the moral and legal equality of the spouses within the limits established by law to guarantee the unity of the family.”

Marriage is the fundamental requirement to grant families full protection in particular to children. Notwithstanding, the Republic protects children born out of wedlock and their mothers.

The number of unmarried couples has increased dramatically and the necessity of granting them some form of protection has become irrefutable. However, over 75 per cent of Italian weddings are performed in churches.

The Italian Civil Code, the procedural code and the related statutes regulate civil and religious marriages, annulment, separation and divorce. It is a complicated document that can only be interpreted by a good Italian Lawyer.

Catholic marriage requires both parties to be baptized and confirmed Catholics, as well as to attend the pre-matrimonial course. Couples must choose between shared or separate ownership of their worldly goods in the event of divorce. So pre-nuptial agreements in Italy should also be dealt with careful consideration.

The legal separation in Italy is temporary and does not break up the marriage, but divides the legal communion. Italian divorce is the legal dissolution of the bonds of matrimony.

Divorces are complex issues in Italy and have been possible only since 1970. The marriage should have taken place in Italy or one of the spouses should be Italian or an Italian resident. Sometimes foreign law may take precedence over Italian law even if one of the spouses is Italian. Couples divorcing by consent generally wait three years to be divorced but contested divorces must wait five and even cost many thousands of euros. A judge usually offers the spouses either to reconciliate or to formally separate for one year.

The mother is usually given the custody of the children, with access for the father. Once the children reach the age of ten, they can decide which parent they want to live with.

T<span “=”” style=”line-height: 14.95px;”>he Hague Convention of October 25, 1980 on the Civil Aspects of International Child Abduction, a multilateral treaty that provides children the protection from the harmful effects of abduction, entered into force in Italy with the law No. 64 of January 15, 1994 (Implementation Act of the European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and the Hague Convention on the Civil Aspects of International Child Abduction of October 25, 1980).

Following ratification, the Convention entered into force in Italy on May 1, 1995. The Central Office for Juvenile Justice at the Ministry of Justice has been designated the Italian Central Authority.

An Italian law firm is often necessary for both types of divorce and every kind of legal family issue, as well as all the related to children adoption, abduction, custody, and so on.

What is illegal immigration in the U.S.?

In the United States, illegal immigration refers to the act of foreign nationals violating American immigration policies and laws through the entering or remaining in the country without receiving proper authorization from the Federal Government.

The Immigration and Nationality Act (INA), amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) determine removal proceedings whether a non US citizen, or alien, should be deported, sent back to his home country, from the US.

The deportation process usually begins with the Department of Homeland Security issuing a Notice to Appear (NTA). Deportation can occur as a result of an immigrant being convicted of a criminal act; in lieu of incarceration, that individual may be given the option of expulsion from that particular country or nation.

The Notice to Appear states your name and the country in which you were born and it orders you to appear in front of an immigration judge. Moreover, it provides you with other information such as:

  • the reason why you’ve been ordered to appear;
  • how you allegedly broke the law;
  • your right to have an attorney;
  • the consequences of your failure to appear at the hearing.

You are then scheduled to attend a hearing before an immigration judge. An attorney represents the government at these hearings; you can also have legal representation of an immigration lawyer, but it must be “at no expense to the government.”

If the judge determines that you can be deported, you can apply for relief from removal. If you are eligible, another hearing will be held.

What is Business litigation?

Business litigation involves business clients in disputes in business transactions or relationships, with other businesses, government entities, or groups of individuals. Business entities involved in business litigation are partnerships, limited liability companies, sole proprietorships, holding company, joint venture, corporation, or business trust. Parties may include consumers, businesses, shareholders, or employees. As an example, an investor suffering from excessive financial loss as a result of unethical behavior by a broker, may pursue business litigation.

Often business disputes can’t be resolved through negotiation or arbitration proceedings. So business litigation is a way to remedy the situation. Business litigation is a complex area of law which includes a variety of contractual and tort claims. Examples of claims, requiring counseling and handling include but are not limited to:

  • tortious interference with contract
  • bankruptcy
  • business torts
  • antitrust
  • internet law disputes
  • breach of contract
  • partnership or insurance disputes
  • privacy and data security
  • unfair and deceptive trade practices
  • securities fraud
  • breach of fiduciary duty.

Business litigation does not mean that a lawsuit has to be filed in Court, but can take place outside the bounds of the courtroom.

An attorney specializing in national and international business litigation with a considerable experience managing and resolving class actions in many areas, will counsel you. He will be able to save you or your company a significant amount of money by seeking a resolution through mediation, arbitration or other means of alternative dispute resolution.

After a successful completion of a two-year pilot program, the Business Litigation Session of the Superior Court (BLS) was launched in 2000. The BLS, a permanent session of the Superior Court, offers a forum for business and commercial disputes, benefiting from individualized case management.  The BLS is made up of two full time sessions committed to the efficient resolution of business disputes or other complex cases. The Business Session was extended including cases from Suffolk County, Essex, Middlesex and Norfolk Counties.

Who Operates the Regional Center?

A regional center is normally created and operated by experienced developers or business people who seek to begin or expand existing businesses.

It is therefore essential for you to receive and assess their credentials and their ability to ensure that the project will be so created and that the job creation requirement will also be fulfilled as a result of the program.

Although the USCIS oversees the overall EB-5 program, investors must be aware of the limitations pertaining to each and every regional center in order to make a qualified judgment.

As the number of USCIS approved regional centers continues to increase at a rapid pace, it becomes ever more difficult for an investor to make a well-informed decision.

Our recommendation is for each investor to visit and interface with no less than six regional centers before finalizing an investment  decision.

A credible certified public accountant or EB5 attorney may be able to refer you to qualified professionals within the EB-5 field and/or offer assistance while you are weighing the options available to you.

Be sure to review and analyze all reports exhibiting the actual and projected cash flow for the regional center.

If possible, speak with other investors, request the regional center‟s scorecard as to their success rate, and try to assess the mix of nationalities in the program.

Additionally, it would be beneficial to review the developer‟s overall history both in a general business context and EB-5 specific projects.

A positive determination is if the developer has standby credit for the erection of any new project, backup plans, and exit strategies to be applied as needed.

Clearly, the sponsor must not have a criminal record or any evidence of prior bankruptcies. In addition to discussions with the principal sponsor, the investor should engage the services of partners, development and management personnel, and other service providers who are hired to support the project in its entirety.

All parties and entities are subject to your review before finalizing your investment.

Do not rely solely on the terms and conditions of an escrow agreement to have the funds returned in the event that the project does not materialize.

Federal Defense Lawyer in New York

If you commit a crime, you will be prosecuted and tried by a State Court, unless you committed a crime punishable by a Federal statute.
Federal offenses have very severe sentencing guidelines. Moreover, over 90% of the federal criminal cases result in a conviction.

Federal Defense Lawyer in New York can help you protect your rights since the day at the arrest to the jury trial. The fact that you have been arrested and charged with a crime does not mean automatically that you are guilty.

Before trial the Federal Government will have to disclose all the evidence that they have against you, such as witnesses, photographs, videos, and other forensic evidence. Then, your attorney can make motions to suppress evidence that was obtained unlawfully and exclude the testimony of witnesses that would be more prejudicial than probative at your trial.

To get convicted, the U.S. Government will have to prove beyond a reasonable doubt that you are guilty of the offense charged. All of the 12 members of the jury must agree that you are guilty. If a reasonable doubt as to your innocence exists, you must be acquitted.

What is a Writ Of Habeas Corpus?

The Writ of Habeas Corpus from the latin “you have the body” also known as “the Great Writ”, is a Court order to a person (prison warden) or a government official who has restrained a prisoner. As stated in the U.S. Constitution, in Article I “The writ of Habeas corpus is the remedy to be used when any person is restrained in his liberty. It is an order issued by a Court or judge of competent jurisdiction, directed to anyone having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint”.

The Habeas corpus concept was first expressed in the Magna Charta and first used by the common-law Courts in 13th and 14th century England. The writ was made available in the U.S. Federal Court to state prisoners through the Habeas Corpus Act of 1867.

The rights of the writ of Habeas corpus are granted in the U.S. Constitution in Article I.  Section 9, Clause 2 states that “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it”. The U.S. Constitution forbids Government from suspending proceedings for Habeas except under extraordinary circumstances such as during times of war. The clause was appealed in 1861 when President Abraham Lincoln suspended the writ and authorized his Civil War generals to arrest anyone they thought to be dangerous.

The individual being held, or his/her representative, can petition the Court against the State or Federal agent. Petitions are usually filed by people serving prison sentences and authorized by statute in Federal Courts and all State Courts.

The writ must be in writing and must name the custodian as the respondent. Sometimes the convict is given the opportunity to present a short oral argument in a hearing before the Court, to establish evidence for the petition. The habeas petition must show that the Court ordering the detention, made a legal or factual error.

The writ of Habeas corpus is technically a procedural and extraordinary remedy and it is mainly used as a post-conviction help for State or Federal prisoners.

Federal Courts grant writs of Habeas corpus only when serious constitutional violations have occurred.

It gives a Court the power to release a prisoner and is a guarantee against any illicit detention. On the contrary, it does not necessarily protect other rights, such as the entitlement to a fair trial. The writ gives prisoner the right to ask an appellate judge to set them free or order an end to improper jail conditions. If the prisoner argues successfully that the incarceration is in violation of a constitutional right, the Court may order the prisoner’s release.

The writ of Habeas corpus was created to safeguard citizens against unjustified imprisonment. Federal courts expanded Habeas relief to include a broader definition of “custody” than mere arrest, including most faults found at trial. The current use of Habeas corpus includes cases involving extended detention of illegal immigrant or lawful permanent residents convicted of a crime, and the best immigration lawyers can use it to attack the collateral consequences of a criminal conviction. The writ is also available to civilian and military prisoners claiming jurisdictional barriers to their continued detention or incarceration.

The writ of Habeas corpus is used by the attorney of a detainee to establish that the detention is illegal, so the Court may order the police to justify the detention. The detainee may be released on bail if the police fails to convince the court of the need for the continuation for his or her detention.

Investor Accreditation Qualification

While many investors may seek to enter a specific regional center as a participant, they may find that their personal situation prevents them from doing so.

To start, the investor must demonstrate that he or she has a net worth of $800,000 or greater.

This may include cash, real estate, investments, their personal residence, and the like.

The individual must also be able to provide the last five years of tax returns from their home country or at least demonstrate a clear source of funds and path of funds.

The investor and their family must have no basis for ineligibility, which would include

NO criminal record of any serious nature that would prevent a consul from accepting the application after the I-526 has been approved.
All of these issues are normally addressed in the regional center‟s initial investor accreditation questionnaire which must be completed and reviewed by their counsel to ensure entry into the regional center corporate structure.

Investing in a regional center is similar to joining a private club: there are rules and regulations to ensure the success and happiness of all members.

You must also assess your fluency and ability in reviewing extensive legal documents such as securities documents, business, marketing, and economic plans, and other documents which the regional center may offer you to review.

Receiving Your Green Card in the Mail

Once approved for U.S. conditional or full residency, the prospective resident will receive, at the home address listed in the U.S., the actual I-551 residency card.

The “green card,” which is now white, will be sent via regular mail.

The residency card(s) may also be mailed to the attorney‟s office if so directed.

This chapter is of great importance in that numerous administrative errors may still arise in the delivery of the card itself. It is imperative that investors be aware of such potential errors.

To begin with, the actual manufacturing facility may have a delay or breakdown in production.

As such, the I-551 stamp on the passport becomes critical for work and travel purposes and acts as temporary evidence of permission of such.

Second, the U.S. postal service will simply mail the card to the recipient without regard to whether the investor is home or will receive the card in the regular mail.

There is no evidence of receipt of the card or its mailing.

Therefore, those who will be away for extended periods of time must ensure that someone is watching the mailbox, looking out for the brown envelope containing the green card.

It is normally very nondescript and can be confused with other mail.

Third, there is a distinct possibility that the presiding officer failed to order the residency even though residency was approved and conferred at the interview overseas or in the US.

For such situations, contact the Customer Service line in order to determine the source of the error and have it corrected.

Do not rely on the U.S. postal service for delivery of this coveted card.

The Right to U.S. Immigration Status

The U.S. immigration law is neither logical nor precise because the immigration department must adjust to international political as well as economic pressures.

Moreover, there are always new developments in this field. We will tell you about several cases which required litigation and how they were settled. They illustrate the situation as it presents itself now in the U.S.
Let us take the case of Maria. During eight years, she worked as an administrative assistant of a company. She speaks English, Spanish, Portuguese and French fluently.

Having applied for an H-1 visa, the official responsible for her file turned down her application on the basis that her professional reputation had not been sufficiently well established in order to receive a visa.

The Appeals Court reversed the official’s decision alleging that her long experience and her qualifications, as compared to those of others, were sufficient in order to grant her an H-1 visa.

Let us now study the case of a couple which was going to be deported following a decision by the Appeals Court.

The woman was pregnant and the child was born after the trial.

The birth of the child, although it did not represent a decisive fact, allowed the judge to reconsider the decision rendered and to decide to re-open the procedures for further consideration.

At the age of sixteen Anna came to the United States as a tourist from her home country having a B-2 visa. Thirtysix days after her arrival, she decided to study in the United States. Being only sixteen years old she went to the Department of Immigration in order to fill in an I-20 (and I-506) application form in order to transform her visa from tourist to student F-1.

The official decided that because her application had been made so quickly after she had entered the United States she had the preconceived intention to become a student as soon as she arrived to the U.S.

When an appeal was made, the district director decided that she had no pre-conceived intention because of her age, the duration of her stay (36 days) and encouragement from her family.

So she was able to obtain her visa and pursue her studies.
Mr. Zett was the beneficiary of an L-1 intracompany visa.

The court decided that the foreign company making the request did not necessarily need to conclude international transactions, did not require exclusive and absolute control of the subsidiary nor had a high proportion of properties and management in common with shareholders.

From a visa perspective the beneficiary is eligible to be considered for an L-1 visa as long as he or she is employed by the foreign company even though he or she may have shares in both the U.S. and foreign companies which are by law considered to be separate legal entities.

In a case involving the L-1 visa the beneficiary was sent to the U.S. by a foreign company. While being employed by the U.S. company and with its knowledge, he pursued specialized courses in the United States. During weekends he established an office at his home in order to take care of company contracts during his spare time.

At the end of his studies, the company decided to keep him in the United States and requested an L-1 visa for him.

The official decided that because of the fact that he was present in the United States for his studies, he had therefore not been employed during the past year by the company which was applying; in consequence he was not eligible for the visa.

This decision was reversed by the regional commissioner who alleged that these studies for specialization did not constitute an interruption of his employment by the company which, had the intention of establishing its head office in the United States.